COUNCIL PROCEEDINGS
CITY OF ATTICA
NOVEMBER 11, 2002
The Common Council for the City of Attica met on the 11th
day of November 2002 at the hour of 7:00 p.m. at city hall. Those present: Mr. Bill Craft, Mrs. Valarie Maus, Mr. Larry Grant, Mr. Curt
Phelps, Mrs. Kay Gustus, Mr. Tom O’Connor, and Mr. Deon Swift.
APPROVAL OF MINUTES FROM PREVIOUS MEETING
Mrs. Gustus made a motion to approve the minutes of the
October 14th meeting, seconded by Mr. Craft.
COMMITTEE REPORTS
Mr. Larry Grant, chairman of the Zoning and Planning
Commission, reported the commission met on Tuesday, October 29, 2002 to
continue discussion regarding the request of Mr. Ralph Corey to rezone Lot #115
along U.S. Highway 41, State Roads 28 and 55, just north of the McDonald’s
Restaurant from M-1 (Light Industrial) to B-1 (Local Business), to allow
placement of a fifty-four foot high by twenty-four foot wide billboard with
four faces. All members were present at
the meeting. This meeting was continued
from October 8, 2002 after it was discovered that the railroad, having right a
way through the property, was not notified of that meeting. After a lengthy discussion, a motion was
made and seconded to allow the rezoning with the understanding that the
proposed billboard be located further off the road to allow clear viewing of
other signs already located in the area.
The board defeated this motion.
The city attorney pointed out this motion did not made a recommendation
to the council. A motion was made to
give a negative recommendation to the council and was seconded. This motion was passed, therefore, the
Planning and Zoning Commission makes a recommendation to the city council to
leave the property zoned at M-1 as is current.
Mr. Joseph Bumbleburg, attorney representing Mr. and Corey
and Hawkins Billboard who requested the rezoning, spoke to the council
reminding them of how the issue of rezoning came about. They had called the clerk’s office
requesting a permit to install the billboard and were informed they didn’t need
one therefore they began building it.
They were later contacted by the Building Commissioner and was told that
the zoning in the area did not permit installation. Mr. Bumbleburg asked the council to consider the current use of
the land in the area, which is primarily retail and service and not
manufacturing, as they consider the rezoning request. From a pure zoning point of view, the rezoning would be
appropriate with other use in the area and violate no zoning principles. Mr. Bumbleburg showed the council Mr.
Corey’s tax deed to Lot #115, showing he owns the land. It deeds him the entire Lot #115, subject to
a right a way. That means he owns the
land and the railroad has a right to come along if they choose and put the
rails back down. He said the point he
is making is that the land belongs to Mr. Corey—the right a way does not grant
to the railroad owner-ship rights except if they choose to use it. Mr. Bumbleburg stated, “In this case the council will offend no
zoning principle if they permit Mr. Corey’s piece of ground be used
appropriately if they grant this rezoning and we request you do so”. Mayor Swift said after reading some of the
state statutes, he was under the impression the city could not rezone
specifically for billboards. Mr.
Bumbleburg replied that he didn’t think those rules applied to this piece of
ground. Mr. John Larson, attorney for
Joel Brooks, said he would disagree that this property is suitable for any
other purpose given the topography of the property, the improvements or lack of
improvements to that property. He
doubted the Department of Transportation would give a highway access at that
property. Improvements cannot be built
in the midst of a right a way; but given the chain of title, the lay of the
land and highway, he didn’t think it is suitable for any other purpose. The only thing this request could be
considered as is the request to put a sign up.
For the two-sided, double stacked sign the revenue is approximately
sixty-five dollars a year for the county.
A portion of that would come to the city. Mr. Larson went on to say that McDonald Corporation and Joel
Brooks have invested thousand of dollars into the property, created dozens of
jobs for the community—those are things that are appropriate considerations for
this council. The proposed sign would
completely obliterate the view of the McDonalds’ sign. People would be on top of it and almost by
it by the time they could see the McDonalds’ sign. Advertising is a big part of what McDonalds is about. Mr. Larson requested the council to consider
the substantial adverse impact to Joel Brooks and McDonalds if this sign were
approved. Ms. Roberta Embry, manager of
Short Stop, presented to the council a petition signed by approximately seventy
area residents supporting the rezoning and installation of the sign. Mr. Grant made a motion that the council
accepts the recommendation of the Zoning and Planning Commission, seconded by
Mrs. Maus. There were four (4) ayes,
and one (1) nay. Motion carried.
CITIZEN’S PETITIONS
Mayor Swift presented a petition from Mr. and Mrs. Donald
Scheurich, Mr. and Mrs. Ben Bowles, Dr. and Mrs. Charles Myers, and Mrs.
Margaret Beckman, requesting a portion of Fountain Street be vacated between
Elm and Pine Streets. After much
discussion among council members, the property owners were informed that a
public hearing must be set and published before action can be taken. Mr. Phelps made a motion to have a public
hearing, seconded by Mrs. Maus. All
ayes. The public hearing was set for
the December 9th council meeting.
Mayor Swift reported there had been a request for
streetlights in the Elmdale area; since that area has been annexed into the
city, this had not been addressed. Mr.
O’Connor stated there is an ordinance that speaks to property owners to
petition the Board of Works for lights.
Mayor Swift said he was asking the clerk’s office to send letters to the
citizens in that area. The city needs
to receive a sixty per cent (60%) residential request from the area for streetlights. Mayor Swift has spoken to Cinergy and they
will give the city a quote on expenses.
A resident on Hollovy Street addressed the council regarding
two houses (one on either side) that are in complete disrepair. Building Commissioner, Bunny Jordan,
verified the condition of the homes.
She is currently working through the proper procedures to take care of
the matter.
DEPARTMENT HEADS
Mr. Ron Jean, Director of Public Works, reported leaf pickup
was going slowly due to wet leaves. He
also said he is looking into grants to help with the cost of a new leaf machine
which is approximately $30,000.
Mr. Jean also reported the North End Project was going well
and materials from Brackney were to be delivered soon.
UNFINISHED BUSINESS
Mr. Rob Miller, of Burkhardt Advertising, addressed the
council about Ordinance #14, Establishing a Billboard and Off-premise Business
Sign Ordinance for the City of Attica.
He made many suggestions to the council to take into consideration to
prevent potential problems for the city in the future. Much dialogue was held
with Mr. Burkhardt and council members.
Mrs. Gustus made a motion to bring Ordinance #14 from the table to
review again in order to make any revisions, additions, or subtractions, and
then to table once again, seconded by Mrs. Maus. All ayes. Discussion was
held among council members concerning the ordinance. Mr. Grant suggested the council go ahead and pass Ordinance #14
because then they would have a ‘stopper’ until they can decide what they want
to do. Mr. Grant said, “Right now we
don’t have an ordinance in place to protect the city. With this in place, it stops any large sign from going up. I feel it is in the best interest of the
city to pass the ordinance now and go back and amend it because if we don’t, we
could get ourselves in another corner to where somebody is going to want to put
a sign somewhere else and we don’t have an ordinance in place to stop
that”. Mr. Grant made a motion to bring
Ordinance #14 from the table and read for the third time, seconded by Mr.
Phelps. There were three (3) ayes and
(2) nays. Mr. O’Connor then read
Ordinance #14, 2002 AN ORDINANCE AMENDING CHAPTER 10, DIVISION II OF SECTION 20
BY THE INCLUSION OF SECTION 20 ESTABLISHING A BILLBOARD AND OFF-PREMISE
BUSINESS SIGN ORDINANCE FOR THE CITY OF ATTICA. Mr. Grant made a motion to adopt Ordinance #14 as written,
seconded by Mr. Craft. Roll was called,
all ayes. The council then agreed to
meet November 19 immediately following the Board of Works meeting.
Mrs. Gustus made a motion to bring Ordinance #15 from the
table and read first time in full, second time by title only, table and
publish, seconded by Mr. Grant. All
ayes. Mr. O’Connor read in full: ORDINANCE 15, 2002 AN ORDINANCE OF THE
COMMON COUNCIL FOR THE CITY OF ATTICA, INDIANA AMENDING CHAPTER SIX, DIVISION
TWO, SECTIONS 6-100 AND 6-111 ENTITLED OPENING BURNING. Mr. O’Connor then read by title only
ORDINANCE 15, 2002 AN ORDINANCE OF THE COMMON COUNCIL FOR THE CITY OF ATTICA,
INDIANA AMENDING CHAPTER SIX, DIVISION TWO, SECTIONS 6-100 AND 6-111 ENTITLED
OPENING BURNING.
NEW BUSINESS
Mayor Swift reported that the CSO Project had been sent to
the printers. When finished, it will be
mailed to the Indiana Department of Environmental Management in
Indianapolis. It will be approximately
two to three years before we hear from them.
Mayor Swift said, “Today is Veteran’s Day and I would like
to take time to honor the veterans who didn’t come back and the ones who did”.
Mayor Swift reported to the council information regarding
the Fountain/Warren County 911 Service.
A meeting is to be held tomorrow, November 12 at 2 p.m., Fountain County
Courthouse. This meeting is to discuss
moving the 911 Radio Room from Attica to Covington. Mayor Swift said, “If this move takes place, the council and the
citizens of Attica will be faced with at least one major financial decision and
that is how to fund and keep the city jail operating”.
ADJOURNMENT
There being no further business to come before the council,
Mrs. Gustus made a motion to adjourn, seconded by Mrs. Maus.
_________________________________
Deon H.
Swift, II, Mayor
ATTEST:
___________________________________
Nancy Jo Mitchell, Clerk/Treasurer